Photo: Worawut via Adobe Stock A Checklist for Navigating the Regulatory Landscape After 'Loper Bright' and 'Corner Post'
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
August 19, 2024 at 08:02 AM
8 minute read
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The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now? What are the next steps if you are excited to bring a challenge to a new (or old) regulation? Or what if you appreciate the certainty of existing regulations? How worried should you be, and what steps can you take to protect your interests? Inspired by the famous Chevron two-step, we have put together a multi-step checklist to help you navigate this new regulatory landscape.
Background
In Chevron, U.S.A. v. NRDC, 467 U.S. 837 (1984), the Supreme Court established a famous test that governed administrative law for nearly forty years: Courts would ask whether a statute was ambiguous and if so, they would defer to an agency's reasonable interpretation of that ambiguity.
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